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CLIFFS-NEDDRILL v. M/T RICH DUKE

Civ. A. No. 90-51-JLL.

734 F.Supp. 142 (1990)

CLIFFS-NEDDRILL TURNKEY INTERNATIONAL-ORANJESTAD; Neddrill 2 B.V.; Neddrill (Nederland) B.V., Plaintiffs, v. M/T RICH DUKE, her engines, tackle, apparel, etc., in rem; Rich Ocean Tankers S.A.; Fuyo Kaiun Co., Ltd. in personam, Defendants.

United States District Court, D. Delaware.

March 22, 1990.

Attorney(s) appearing for the Case

Peter M. Sieglaff of Potter, Anderson & Corroon, Wilmington, Del., James J. Sentner, Jr. of Haight, Gardner, Poor & Havens and David E. Black of Griggs & Harrison, Houston, Tex., of counsel, for plaintiffs.

Wayne J. Carey of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del., Joseph C. Smith and Wendy D. Ciolino of Burlingham, Underwood & Lord, New York City, of counsel, for defendants.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. BACKGROUND

On January 21, 1990, two ships failed to pass in the night. The tanker Rich Duke, while on a voyage from Puerto Miranda, Venezuela to Delaware City, Delaware, collided with the drillship Neddrill 2. Both ships were damaged. After reducing speed and exchanging radio messages, the Rich Duke continued on to Delaware.

Upon arriving in the territorial waters of Delaware on January...

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